| Matter of Corliss v Zoning Board of Town of Eastchester |
| Motion No: 2006-02531 |
| Slip Opinion No: 2006 NYSlipOp 70814(U) |
| Decided on June 22, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M41192
E/cf
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-02531
In the Matter of Marie A. Corliss, et al., respondents, v Zoning Board of Town of Eastchester, appellant.
(Index No. 13483/05)
| DECISION & ORDER ON MOTION |
Motion by the petitioners on an appeal from a judgment of the Supreme Court, Westchester County, entered January 31, 2006, to vacate an automatic stay of enforcement of the order which is in effect pursuant to CPLR 5519(a)(1), for an expedited briefing schedule, and for a preference in the calendaring of the appeal. Separate motion by nonparties Nicholas Katsoris, Voula Katsoris, Antonio Versaci, Kristen Versaci, Michael Heffernan, Nancy Heffernan, Thomas Brennan, Elizabeth Brennan, Donald Pizzutello, Maryann Pizzutello, and the Twin Lakes Civic Association for leave to intervene on the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the petitioners' motion which is to vacate the automatic stay is denied on condition that the appellant perfect the appeal on or before July 21, 2006; and it is further,
ORDERED that the petitioners shall serve and file their brief on or before August 21, 2006; and it is further,
ORDERED that the appellant shall serve and file its reply brief, if any, on or before September 5, 2006; and it is further,
ORDERED that the branch of the petitioners' motion which is for an expedited briefing schedule is granted to the extent provided herein; and it is further,
ORDERED that the petitioners' motion is otherwise denied; and it is further,
ORDERED that the nonparties' motion is granted to the extent that they are granted leave to file a brief as amici curiae, the amici curiae brief must be served on the parties and nine copies filed in this court on or before July 21, 2006, and no oral argument by the amici curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amici curiae brief on or before August 7, 2006.
ADAMS, J.P., RIVERA, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court